Terms of service
I. General provisions
1.1. The rules for buying and selling goods in the online store https://www.grapeescape.lt or www.grapeescape.eu (hereinafter referred to as the Rules) determine the general conditions for using the online store store https://www.grapeescape.lt or www.grapeescape.eu (hereinafter the e-shop) and the rights, duties and responsibilities of the buyer and the seller When the buyer purchases the goods. The rules are applied when the Buyer registers, chooses, orders, or pays for e-mail products offered in the store, as well as when using the E-store in other ways.
1.2. The owner, manager and seller of the e-shop is the closed joint-stock company "Vinportas", business address, Medelyno g 27, Norškiai, Plungė Lithuania, legal entity code 305361064., VAT payer code LT100012814514 (hereinafter - the Seller).
1.3. The seller reserves the right to change, amend or supplement the Rules at any time, taking into account the requirements established by legal acts. The buyer is informed on the e-shop's website. When the buyer is shopping in an e-shop, there applies the Rules valid at the time of placing the order. The buyer is recommended to familiarize himself with the current version of the Rules at the time of each purchase, confirming this with a tick in a special box before paying the price of the goods. Changes to the rules do not apply to Buyers' orders submitted before their publication in the e-shop.
1.4. The buyer under these Rules is any person using the e-shop (hereinafter - the Buyer). Get to the e-shop, register and buy in the e-shop (with and without registration) have the right:
1.4.1. only natural persons who have reached the age of 20 and whose capacity is not limited by court order;
1.4.2. legal entities;
1.4.3. duly authorized representatives of all the above-mentioned persons in accordance with the laws and other legal acts in force in the Republic of Lithuania.
1.5. Since most of the e-shop's goods are alcoholic beverages, therefore the Seller, in order to ensure compliance with the requirements established by legislation and to avoid situations where an order for the purchase of alcoholic beverages is placed by a person who has not reached the age required by law (20 years), is allowed to visit or register in the e-shop only for natural persons who have reached the age of majority. A person's age is also checked when entering the e-shop (a natural person must confirm that he is 20 years old in the pop-up window), as well as if the goods collected in the basket include alcoholic beverages or energy drinks - before payment and when the courier hands over the goods to the Buyer personally.
1.6. By registering in the e-shop and/or placing an order, the Buyer unconditionally confirms that he has the right to purchase in the e-shop, i.e., that he meets the requirements specified in the Rules and legislation applicable to the purchase of the relevant goods, including age, ability and others.
1.7. After the Buyer confirms the order in the e-shop (regardless of whether he buys goods with or without registration), these Rules become part of the purchase-sale agreement concluded between the Buyer and the Seller and are a binding legal document for both parties.
1.8. By confirming acceptance of the Rules, the Buyer also:
1.8.1. Ensures that, based on Rules Article 1.4, the Buyer has the right to purchase goods in the e-shop.
1.8.2. Declares that he unconditionally agrees that the Seller has the right to change, correct or supplement these Rules.
1.8.3. Undertakes to provide the Seller with their exact contact details (e-mail address and phone number), with which the Seller or the courier delivering the goods can contact the Buyer (to inform about the update of the Rules (informed by e-mail), about the status of the order and its changes, the arrival of the courier and other events, changes related to the execution of the Agreement, actions of the Seller and/or courier, etc.).
1.9. The Buyer does not have the right to place an order for goods in the e-shop if he is not familiar with the Rules and/or does not agree with them. After the Buyer registers or orders the goods in the e-shop, it is considered that the Buyer has familiarized himself with and unconditionally agreed to the Rules. If the Buyer does not agree with the Rules or a certain part of them, the Buyer is not registered in the e-shop and cannot purchase goods (regardless of whether he seeks to buy goods after registration or without registration). Acceptance of the Rules is confirmed by ticking before payment.
1.10. The Seller cannot and will not be held responsible and does not assume any risk or responsibility if the Buyer has not fully or partially familiarized himself with the Rules. The Seller is considered to have properly fulfilled his duties defined by the information legislation, since the Buyer was given the opportunity to familiarize himself with the Rules.
1.11. The Seller has the right to restrict the Buyer's use of e-shop services without separate notice or cancel the Buyer's registration if the Buyer uses the e-shop in substantial violation of these Rules or tries to harm the stable and/or safe operation of the e-shop or the Seller. The Seller, taking into account the technical data of the e-shop system technical data, has the right to limit the number of registered Buyers.
1.12. The Seller has the right to refuse to accept and/or fulfill the Buyer's order, taking into account the balance of available goods and other circumstances. In cases where the Seller refuses to fulfill an already submitted and paid order, the money is returned to the Buyer in accordance with the terms and procedures set forth in these Rules.
1.13. The Seller has the right to terminate or limit e-shop operations without notifying the Buyer in advance. The Seller does not guarantee that the e-shop will be open at all times and/or that it will operate without technical problems.
1.14. In the event of force majeure circumstances, the Seller has the right to suspend the execution of the concluded contract until the force majeure circumstances disappear, by notifying the Buyer of the suspension of the execution of the order. If the subsequent fulfillment of the contract is no longer relevant for the Buyer, the Buyer has the right to cancel the order by notifying the Seller by e-mail. In the event of force majeure, but if it is possible to fulfill confirmed orders, all rights and obligations provided for in these Rules or applicable legal acts related to already fulfilled or executed orders remain valid.
II. registration
2.1. The Buyer, in order to use e-shop more conveniently and buy the goods offered there, has the right to register in the e-shop system by filling out the account and club membership creation (registration) form. By registering in the e-shop, the Buyer simultaneously becomes a member of the GRAPEESCAPE club. More about “GRAPEESCAPE” club membership: https://www.grapeescape.lt/klubo-naryste/. The Buyer, who does not want to become a member of the “GRAPEESCAPE” club, has the right to buy in the e-shop only as an unregistered user.
2.2. In the Buyer's account and club membership creation form, the following personal data must be provided: name, surname, date of birth, e-mail address, postal address, the address to which the goods will be delivered, the telephone number by which the courier can reach the Buyer.
2.3. The Buyer is responsible for the accurate, correct and complete data provided in the “GRAPEESCAPE” account and club membership creation (registration) form. If the data provided in the Buyer's “GRAPEESCAPE” account and club membership creation form changes, he must update them immediately. In no case will the Seller be liable for damage caused to the Buyer and/or third parties due to the Buyer specifying incorrect and/or incomplete personal data or not updating the data.
2.4. The Buyer has the right to freely change, supplement or cancel his registration data at any time. Please note that, due to technical reasons, the Buyer cannot change the e-mail address specified during registration, the email address you provided during registration. This means that when exchanging an e-mail address, the previous registration must be cancelled, applied for by e-mail Info@grapeescape.eu, and re-registered, indicating the new e-mail postal address.
2.5. When registering, the Buyer creates individual login data (user password) and undertakes to keep them confidential and not disclose them to third parties. The Buyer is responsible for the uniqueness of the login data created by him and for their preservation, as well as for any actions (transfer of data, submitted product orders, user comments, etc.) that are sent in the e-shop by logging in with the Buyer's individual name and password. If the services provided by the Seller are used by a third person who has connected to the online store using the Buyer's login data, the Seller considers this person a Buyer, but such use is still considered a violation of the Rules. If the Buyer loses his login data, he must immediately notify the Seller by e-mail or change login details by logging in to the e-shop in his account, in the "Settings" section. The Seller cannot and will not be held responsible for damage caused to the Buyer when third parties connect to the e-shop using the Buyer's login data.
2.6. In order to cancel his account, the Buyer must contact Info@grapeescape.eu by email.
III. Purchase of goods without registration
3.1. In the event that the Buyer purchases the Goods without registration, when placing the order, he must specify the following data: name, date of birth, e-mail address, postal address, as well as the address to which the Goods will be delivered and the telephone number by which the courier will be able to reach the Buyer.
3.2. For a Buyer who purchases Goods without registration, all the Rules apply, except for Section 2, "Registration".
IV. Forming a shopping cart and concluding a purchase-sale agreement
4.1. The contract for the purchase and sale of specific goods between the Buyer and the Seller is considered concluded when the Buyer forms and submits an email ordering Goods in the store, makes payment in accordance with the procedure and terms set out in the Rules (when the Buyer has chosen to pay for the Goods at the time of ordering) and the Seller sends a confirmation that the Buyer's order has been accepted to the e-mail specified by the Buyer.
4.2. The Seller's confirmation of the accepted order is not considered irrevocable. The Buyer understands and agrees that the order may not be fulfilled or may only be partially fulfilled. The Seller returns funds for Goods that cannot be delivered.
4.3. If it turns out that the Buyer has not reached the legal age for the purchase of the relevant Goods, it is considered that the contract for the purchase and sale of these Goods was not concluded, and the Seller returns the funds paid to the Buyer after deducting the delivery costs (if the Goods were in the process of delivery). The Seller makes the return within 10 (ten) working days.
V. Prices of Goods, payment procedures, and terms
5.1. The Goods are sold at the prices indicated and are valid in the order e-shop at the time of submission to the e-shop. The Goods prices are indicated in Euros with VAT.
5.2. The Buyer pays for the Goods by paying the full amount using:
5.2.1. Specified banks' electronic banking system (banklink); or
5.2.2. Paying by debit or credit card; or
5.2.3. Using the PAYPAL and OPAY payment systems, following the rules published by the manager of this system;
5.2.4. Or other payment methods provided on the website.
5.3. The execution of the order begins when the Seller receives information about the completed payment. The Buyer understands and agrees that without notification, the order will not be processed.
VI. Delivery of Goods
6.1. The e-shop Goods are delivered throughout the European Union.
6.2. The Buyer undertakes to indicate the exact place of delivery.
6.3. The amount of the fee for the delivery of Goods is specified in the e-shop at the time of ordering the Goods. The delivery fee can be both fixed and dependent on the value, weight, and/or delivery term of the Goods ordered by the Buyer. The size of the delivery fee applied to a specific order is indicated in the e-shop at the time of placing the order.
6.4. The Seller has the right to set the amount for which Goods are delivered free of charge. Such an amount is specified in the e-shop. Given the fact that delivery services are provided by a third party and the terms of free delivery are influenced by the commercial terms of delivery services, the Seller has the right at any time to cancel the Buyer's opportunity to use the free delivery specified in this clause of the Rules, when purchasing for no less than the specified amount, as well as to change (decrease or increase) the amount for which goods are delivered free of charge. Such changes do not apply to Buyers' orders that have already been placed, unless such free shipping is determined to be illegal.
6.5. The Goods ordered by the Buyer are delivered to the address specified by the Buyer. The Buyer undertakes to personally accept the Goods himself or to ensure that the Goods will be accepted by a person who meets the requirements applicable to the purchase of Goods (including age, sobriety, and ability). The third party providing delivery services will send the delivery information to the Buyer via a short message to the mobile phone number specified by the Buyer.
6.6. In the territory of the Republic of Lithuania, the usual term of delivery of Goods is up to 5 (five) working days. This deadline is preliminary and does not apply when the Seller does not have the required Goods and the Buyer is informed of the shortage of the ordered Goods. The Buyer agrees that, in exceptional cases, the delivery of Goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to immediately contact the Buyer and coordinate the delivery of the Goods.
6.7. In the event that the Buyer cannot be found at the specified delivery address, the courier waits no longer than 5 (five) minutes from the moment of arrival at the specified address. In this case, it is considered that the Goods could not be delivered to the Buyer due to the Buyer's fault.
6.8. The Goods are handed over upon presentation to the courier of an identity document proving that the person has the right to purchase and accept the ordered Goods. If the delivery of the Goods is impossible due to the Buyer's fault or due to circumstances that depend on the Buyer (the Buyer, the recipient of the Goods or his representative is not at the delivery address, and he does not arrive within 5 (five) minutes from the moment of the courier's arrival, the Buyer specified the wrong address when registering in the e-shop system, it becomes clear, that the Buyer, the recipient of the Goods or his representative has provided false information, and he has not reached the legal age required for the purchase of such Goods, the Buyer, the recipient of the Goods or his representative has provided an invalid identity document or refused to provide an identity document), the Goods will not be sent again (except cases where the Buyer pays additionally for re-delivery of the Goods), and the money paid in advance for the Goods is returned after deducting the Goods delivery fee. In the event that a delivery fee discount was applied to the Buyer at the time of placing the order (e.g., free delivery when purchasing Goods for a set amount), but the delivery of the Goods is not possible due to the Buyer's fault or due to circumstances beyond the Buyer's control, the Seller reserves the right to deduct from the amount of money to be returned to the Buyer the full delivery fee of the amount valid at the time of placing the order for the Goods (in effect at the time of placing the order for the Goods), regardless of the discounts applied at the time of placing the order.
6.9. If the Buyer has ordered alcoholic beverages, all Goods in that order can be delivered to the Buyer in the Republic of Lithuania on Mondays - Saturdays no earlier than 10 a.m. and no later than 8 p.m., and no earlier than 10 a.m. on Sunday and no later than 3 p.m., except for September 1, when alcoholic beverages are not delivered.
6.10. In all cases, the Seller is released from responsibility for the violation of the terms of delivery of the Goods, if the Goods are not delivered to the Buyer or are delivered late due to the Buyer's fault or due to circumstances beyond the Buyer's control.
6.11. If the Buyer wishes, the courier must provide an opportunity to check the condition of the shipment and the completeness (assortment) of the delivered Goods together with the Buyer or his authorized representative. If the Buyer does not check the condition of the shipment, the completeness of the delivered Goods and/or fails to record the data on violations of the shipment in accordance with the procedure established in this point, the shipment is considered to have been delivered in good condition and undamaged.
6.12. In cases where, during the acceptance of the Goods, the Buyer notices that the shipment does not contain the right amount of Goods or the Goods provided do not correspond to the Goods he ordered, the Buyer must immediately (at the time of delivery of the Goods) inform the Seller about this at his option:
6.12.1. When informing the Seller's representative in the process of acceptance - transfer, i.e., the courier who delivered the Goods, the fact and the reason for the return of the Goods should be noted in the manner indicated by the courier (e.g., in a document or a record on a special device). Money for such Goods is returned within 10 (ten) working days from the notification of non-accepted Goods.
6.12.2. No later than within 24 hours, inform the Seller by e-mail before the transfer of the Goods by email: info@grapeescape.euor by phone: +370 612 00445. To confirm the wrong quantity, assortment or quality, the Buyer must take photos of the shipment and the delivered Goods and submit them to the Seller by e-mail: Info@grapeescape.eu.
6.13. The courier will provide the Buyer with a Goods acceptance-handover document at the moment of delivery of the Goods, in which the Buyer or another person legally accepting the Goods indicates his data (name, surname and age) and hands it over to the courier after signing. The purpose of this document is to provide evidence to the state authorities about the fulfilled obligation to check the age of the person accepting alcoholic beverages.
6.1 4. When ordering Goods from a third party, e.g., when sending a gift, the Buyer ensures and guarantees that the Recipient of the Goods will meet all requirements imposed by legislation applicable to the purchase of such Goods, including age, sobriety, and ability. Violation of this warranty is considered a fundamental violation of the Rules and the purchase-sale agreement executed by the Buyer. When sending the Goods to another person, the Buyer ensures that this person is given in advance all the information about the delivery specified by the third party providing the Goods delivery services, including the time of delivery of the Goods and the obligation to have and present a valid identity document.
VII. Quality guarantee and expiration date
7.1. In all emails, the details of the Goods sold in the e-shop are generally indicated in the description of the Goods attached to each item.
7.2. The Seller is not responsible for the fact that the color, shape or other criteria of the Goods in the e-shop may not correspond to the real size, shape and color of the Goods due to the characteristics of the display (monitor) used by the Buyer or other technical reasons, as well as taking into account reasonable possible discrepancies in appearance. The packaging, labeling information (e.g., vintage year, awards, etc.), and the general placement of information on the labeling of the Goods in the photo may differ from the actual product and the information provided on its label. Information in the Good's description, which is provided in the e-shop, is general and therefore not identical to the information indicated on the Good's packaging. It is recommended to read and follow the information on the Good packaging.
7.3. In the event that the Seller does not provide a quality guarantee for certain types of Goods, the guarantee provided for in the relevant legal provisions shall apply.
7.4. Complaints about delivered wrong Goods or non-delivered Goods are submitted according to the procedure established in point 6.12 of the Rules. The Seller responds to the Buyer no later than within 10 (ten) working days from the receipt of the complaint.
VIII. Abandonment of the contract. Exchange and return of Goods
8.1. Cancellation of the contract based on Article 6.228-10 of the Civil Code: The Buyer (consumer) has the right to cancel the contract for the purchase and sale of Goods concluded in the e-shop by notifying the Seller in writing no later than 14 (fourteen) calendar days from the day of delivery of the Goods. The Buyer must submit to the Seller the form published on the website https://GRAPEESCAPE.eu/ about the cancellation of the contract and other information specified by the Seller by e-mail: Info@grapeescape.eu . The Buyer (consumer) who has canceled the contract in accordance with Article 6.228-11, paragraph 9 of the Civil Code, must pay reasonable costs to the Seller, including delivery costs. The delivery fee is not refunded to the Buyer, except in cases where the contract is canceled before the day of handing over the Goods to the courier (that is, until the day when the Seller hands over the goods to the company providing parcel delivery services). The Buyer is informed that the shipment of Goods may be transferred to the company providing delivery services earlier than the scheduled day of delivery of the Goods to the Buyer (1-2 days earlier).
8.2. After submitting a written notice of contract cancellation and other information specified by the Seller, the Buyer must return the Goods (if they have been delivered) within 14 (fourteen) calendar days at the latest in accordance with the procedure for exchanging and returning Goods specified in these Rules. This return period applies to all cases of return of Goods (i.e., also when returning or exchanging defective Goods).
8.3. The right provided for in Article 8.1 of the Rules can be exercised only by a Buyer who is recognized as a consumer according to the provisions of the Consumer Rights Protection Law of the Republic of Lithuania, i.e., a natural person who seeks to conclude or concludes contracts for purposes unrelated to his business, trade, craft or profession (consumption purposes).
8.4. Article 6.228-10 point 2 of the Civil Code provides cases when the Buyer (user) cannot exercise the right to withdraw from the contract provided for in Clause 8.1 of the Rules, including when the contract is concluded for:
8.4.1. Perishable Goods or Goods with a short shelf life;
8.4.2. Packaged Goods that have been unpacked after delivery and are unsuitable for return due to health or hygiene reasons.
8.5. If the quality of the perishable Goods delivered to the Buyer (food and beverages with a short expiration date, including those Goods that must be kept in the refrigerator according to the temperature set by the manufacturer) is not suitable, the Buyer must contact the Seller no later than within 24 (twenty-four) hours from the delivery of the goods by e-mail: Info@grapeescape.eu or by phone: +370 612 00445. If the Buyer applies later than the specified deadline, the Seller is not obliged to satisfy the Buyer's complaint.
8.6. Return process:
8.6.1. In all cases, the Goods are returned only through the courier sent by the Seller.
8.6.2. For the Goods already accepted by the Buyer and later returned to the Seller in the cases specified in these Rules, the Buyer must coordinate with the Seller in advance about the time and address for the collection of the Goods. The Seller's representative comes to pick up the Goods.
8.6.3. All costs related to the return of defective Goods are borne by the Seller.
8.6.4. The cost of returning quality Goods is paid by the Buyer. The service rates for returns by the courier sent by the Seller are the same as those applied to the delivery of Goods, as announced in the e-shop at the time of placing the order. Considering the fact that the delivery and return services of the Goods are provided by a third party, for which the Seller pays for each transportation of the Goods, the costs of returning quality Goods are paid by the Buyer even if he did not pay for the delivery of the Goods during the purchase due to the fact that he bought the Goods for a higher price than the determined total value of the Goods according to Rules 6.3).
8.7. For the return of Goods, the Buyer must apply by e-mail: Info@grapeescape.eu or by phone at +370 612 00445. If the Buyer wishes to return the Goods during their delivery, the Goods are returned to the Seller's representative who delivered them.
8.8. In order to return the Goods purchased in the e-shop, the Buyer must fill out the return or exchange form provided by the Seller. In order to return defective Goods, the Buyer must provide photos of the Goods.
8.9. The money to pay for the Goods accepted by the Buyer, but later returned, is paid to the Buyer's account no later than within 14 (fourteen) calendar days from the date of receipt of the Buyer's notice of withdrawal from the Agreement, unless the Seller and the Buyer agree otherwise. Refunds are not issued until the Buyer has returned the Goods.
8.10. When returning low-quality Goods or Goods that do not match the Buyer's order, the Buyer will be refunded the entire delivery fee paid by him. Even in cases where the Buyer does not return some of the ordered Goods. The delivery fee is refunded together with other amounts paid by the Seller to the Buyer for the returned Goods after the Buyer returns the defective Goods.
IX. Notifications and Inquiries
9.1. The Seller sends all messages and otherwise communicates with the Buyer at the e-mail address specified by him or to the telephone number specified by him.
9.2. The Buyer can submit all messages and questions by email, by filling out the "Contact" request form in the e-shop, or by contacting Info@grapeescape.eu by mail or by phone: +370 612 00445.
X. Final Provisions
10.1. Personal data of natural persons - both registered Buyers and non-registered Buyers - is processed in accordance with the Privacy Policy. All inquiries and complaints related to the personal data of natural persons must be sent to Info@grapeescape.eu.
10.2. These Rules are drawn up in accordance with the legal acts of the Republic of Lithuania.
10.3. Relations arising on the basis of these Rules shall be governed by the law of the Republic of Lithuania.
10.4. In the event of damage, the guilty party compensates the other party for direct losses in accordance with the procedure and grounds established by the laws of the Republic of Lithuania.
10.5. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. If an agreement cannot be reached, disputes are resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
10.6. Each consumer has the opportunity to resolve disputes with the Seller electronically, without going to court. First, the consumer must contact the Seller in writing by e-mail at Info@grapeescape.eu and within 14 (fourteen) days of receiving the claim. If the Seller does not respond to the consumer's claim or does not satisfy the consumer's claim, the consumer can apply to the entity dealing with consumer disputes out of court, i.e., the State Service for the Protection of Consumer Rights (Vilniaus St. 25, 01402 Vilnius, email tarnyba@vvtat.lt, tel. 852626751, in the website www.vvtat.lt) or to its territorial units in the counties, or fill out the application form on the EGS platform: http://ec.europa.eu/ods/.